Ombudsman says SA councils too secretive

The Ombudsman said too many confidential meeting orders were being issued by councils in South Australia.

His report to Parliament said many orders were not being applied correctly and, in many cases, information which should be made public was not.

"Too often release of information is done in such a way as to restrict public access to released documents," Ombudsman Richard Bingham said.

He said he found no deliberate or widespread abuse of the Local Government Act, but there was a lack of understanding about public openness.

The report also found councils are making genuine efforts to encourage public participation in local government meetings.

"On the positive side, councils are making genuine efforts to encourage public participation at council meetings by rotating meeting venues, using local media to promote discussion, utilising new technologies and opening meetings to question-and-answer sessions between councillors and the community," he said.

"Clearly most councils can do better. However it is important to recognise that the audit report is designed to provide a resource and encouragement to councils.

"I want to see more openness in the local government sector. I am heartened that the participating councils agree and are moving to make changes."

Mr Bingham did his audit by choosing 12 of the 68 councils which operate across South Australia.

Local Government Association CEO Wendy Campana said councils welcomed the Ombudsman's audit and a report had been provided to the councils some months ago, so many of the issues already were being addressed.

"We have already begun developing guidelines for councils on how to apply confidentiality provisions and to manage reviews of confidential items, as required under the Act," she said.

"The Ombudsman's recommendations will be considered as part of the development of these guidelines."

Key findings

Number of meeting confidentiality orders made by the 12 audited councils in the period 2009-2011 was 725 from a total of 8,044 of all business items discussed

This number represents a confidentiality order rate of 9 per cent of all business items. The Ombudsman recommends 3 per cent as a maximum. (The equivalent number would be 241 orders)

Over 40 per cent of the 68 South Australian councils failed to review their confidential meetings code of practice within the required 12 months following the council elections in 2010

Councils generally were providing insufficient details of their reasons for excluding the public from meetings

Councils were sometimes moving into confidence over matters of local sensitivity or controversy in an attempt to debate issues without pressure from the public

Procedural mistakes were common in the making of document orders with some examples of decisions being made beyond the powers of the Act

There were some poor practices in councils where minutes and documents were continuing to be held after confidentiality orders had expired

There were instances where documents which related to a council decision were not being cited or copied in the confidential minutes, making for incomplete public records.

Major recommendations

All councils review their confidentiality code of practice by May 2013 to ensure that all procedures comply with the Local Government Act

All aim to deal with 3 per cent or less of their agenda items in confidence

The SA Government consider amending the Local Government Act to clarify that an explanation of reasons must be recorded in the minutes for closing a meeting to the public

It also consider amending the Act to specify that controversy or sensitivity over a matter in the community is not a reason for closing a meeting to the public

It consider amending the Local Government (Procedures at Meetings) Regulations to require minutes to record a reference to any document or briefing presented to council on a matter of council business